Filed: Jun. 16, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-41197 Document: 00513079743 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 14-41197 June 16, 2015 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR DELGADILLO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-176-1 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: *
Summary: Case: 14-41197 Document: 00513079743 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 14-41197 June 16, 2015 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR DELGADILLO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-176-1 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * ..
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Case: 14-41197 Document: 00513079743 Page: 1 Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-41197 June 16, 2015
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OSCAR DELGADILLO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-176-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Oscar Delgadillo raises an
argument that he concedes is foreclosed by United States v. Betancourt,
586
F.3d 303, 308-09 (5th Cir. 2009), which held that knowledge of drug type and
quantity is not an element of a 21 U.S.C. § 841 offense. Knowledge of drug
type and quantity likewise is not an element of offenses under the related
statutes of 21 U.S.C. § 952(a) and § 960(a). United States v. Valencia-Gonzales,
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 14-41197 Document: 00513079743 Page: 2 Date Filed: 06/16/2015
No. 14-41197
172 F.3d 344, 345-46 (5th Cir. 1999); United States v. Restrepo-Granda,
575
F.2d 524, 527 (5th Cir. 1978). The unopposed motion for summary disposition
is GRANTED, and the judgment of the district court is AFFIRMED.
2